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Beware of those who promise you perfect salvation, especially when they lack the garments and training of clergy. If there was a magic bullet that would end foreclosures or get all the houses back, it would already be done. Hundreds of lawyers and thousands of pro se litigants have been adding quiet title to their quiver of arrows to fire at the pretender lenders. It is true that the “free house” myth gets in the way of lawyers understanding the goals in quiet title actions and the same “free house” myth raises the hackles of most judges, but it is something I recommend you discuss with competent legal counsel and not someone who knows someone who knows someone. (especially if they are asking for money).
Quiet title is a lawsuit you need to prove. As Darrell Blomberg ably pointed out last night, there are three main categories that can give rise to a lawsuit in which you ask the Judge to quiet title: cloud on title, unmarketable title and defective title. Ken McLeod showed a knowledge of procedure and thinking about strategy and tactics can certainly give the advantage to homeowners in quiet title actions. But in all cases, the situation is taken case by case, and mere pleading and quoting some less than thrilling authority is going to narrow the focus of the order quieting title at the very least or get your case dismissed.
The major point that needs to be made here is that there is no quiet title action in which it is guaranteed that you will win and even if you did, the only thing you will have accomplished is to uncouple the mortgage (deed of trust) from the note (which is probably defective as well). In a quiet title action the most that a Judge will say that as to the people you sued, you have title free and clear of any encumbrances they might assert. In a quiet title action, the Court will hardly, if ever, mention the status of the obligation or note.
Quiet title actions, as the name implies are all about title not liability. But in many cases, the decoupling of the security instrument from the obligation could result in the pretender lender holding an enforceable obligation because of homestead exemptions and other laws. Don’t think for a minute that Judges don’t understand that your attack on the title proffered by the pretender lender is anything less than an part of an overall plan to get rid of the liability for the loan. But without properly alleging your case and proving it with witnesses, you are just another “deadbeat” trying to get out of a “legitimate” debt.
There is some confusion out there that has led people to assert and believe that mere pleading of the requirements for quiet title will or might get you the order you are seeking. That can only happen if the other side doesn’t answer and you get a default. If they defend, then you are in for a fight. So you will need a witness or other evidence that is accepted by the court as evidence to show that the party seeking to oppose your quiet title claim has no interest in the title to the property — and that had better not be based upon the fact that the loan was paid off by bailout, insurance etc. Those factors are currently deemed irrelevant in determining title.
It is true that if the loan was paid off or waived, then you have a right to demand the satisfaction and sue for it if that is the case — bot that is not exactly the same thing as a quiet title, although it could be coupled with it.
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